Legal Question in Civil Litigation in New York

missing money

My mother in law was having electrical work done on her house. They were the ony ones that have been in the house. She had an envelope with $20,000.00 in cash in it. (yes, stupid I know). It is now missing. We now found out that the contractor, that hired the electrician knew of another job he did, that a large sum of money was missing. I know there is not enough evidence for a criminal case, but is it possible to sue the electrician or the contractor in a civil case?


Asked on 2/16/09, 9:44 am

2 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: missing money

Of course you have a cause of action against the contractor. The problem you have is proving by a proponderance of the evidence 1. The money and 2. Theft of the money.

Mike.

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Answered on 2/16/09, 9:52 am
Jason Kessler Law Offices of Jason B. Kessler, P.C.

Re: missing money

Absolutely. The standard for civil cases is preponderance of the evidence which is much less than beyond a reasonable doubt. I would bring a claim in your district court for conversion of property.

If you are in the New York Metro area and are looking for an attorney with experience in conversion cases, you can contact me.

I wish you the best of luck,

Jason Kessler

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Answered on 2/16/09, 10:00 am


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